St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-03-10
They Discuss Scheme for Substituting
Trustees for the Old Capitol
Commission.
The Governor Offers Several Suggestions
Which, if Adopted, May Save
Veto.
Maj. Edwards, of Fargo, and Harris
of Aberdeen. for Public
Examiners.
The Formers Nomination to be
Withdrawn--Temp Named
for Attorney General,
Special to the Globe.

houoo euio ditciHoOH anu Clcdltu all III
teresting little splurge. in which Frank
Aikens figured. conspicuously. The bill
provides for abolishing the old copitOl COM
mission and creating new beard of trus.
tees for territorial property here, consisting
or the governor, auditor and secretary.
When the bill was brought up in commit
tee of the whole DR.. Stewart of Fall
River, propose the following amendment:
All outstanding warrants heretofore is
sued by the auditor rnd territory under pro-
visions Of chapter l04 of the general laws OF
1888, not exceeding S55.S70.53 aud interest
due thereon shall be redeemed by exchang-
ing. Therefor Iefunding warrants for the
amount of the principal and interest law fully
assessed thereon atthe date of Suchchange. The
principal of said refunding warrants shall be
payable three years after the date of the is
suance therof and the same shall bear inter-
est at the rate of per cent. per annum pay
able semi-annually at the Office of The terri
torial treasurer, but any of the said refund
warrants may be redeemed by the governor
at the time Of the maturity of any instament
OF interest falling due after period of two
years subsequent to the date of the issuance
thereof by payment to the lawful owner and
holder of such refunding warrants Of the
principal thereof and of the interest which
shall have accrued thereon prior to the date
of making such redemption. After tender
W luO tkSdtuTGr W lue uOluCT VI Sucn rCIuQQ.
ing warrant of
AMOUNT REQUIRED
as aforesaid for redemption thereof, interest
upon the principal of such refunding war
rants shall cease. The principal and interest
OF said refunding warrants shall be paid out
OF any money in the treasury, not otherer-
wise appropriated. as the respective duties of
maturity of said interest and principal.
Within ten days after the date of the passage
of this act it shall be the duty of the treas
urer to give notice by mail to each of the
holders of warrants now outstanding to pre-
sent the same to him for redemption in the
manner hereinbefore provided, within twenty
days from the date of such notice, and in
case of the failure of the holder of
any of said warrants now outstanding to so
present the same for redemption within
ninety days from the passage of this act all
interest upon the same shall thereafter cease.
Provided, that in case the territory shall
hereafter be divided into two territories or
states that territory or state in which the city
of Bismarck shall be situated shall be exclu-
sivey liable for the payment of the principal
and interest of said refund1ng warrants.
Aikens fought the amendment and the
passage of the bill vigorously. He said the
capitol commission has issued warrants il
legally, and they had better be left just
where they are, and the board of commits
sioners should be allowed to exist. He
claimed it was a scheme to saddle the debt
Oh the territory, and he thought this ought
not to be done until the territory could
get a clear title and deed to
the land on which the capitol stood. Other
wise it would revert back to the Northern
Pacific railroad. In his opinion the terri
tory had no claim on the capitol, and was
not responsible for warrants issued, ostensl-
bly, to get funds with which to build the
capitol. These warrants he thought the
board of commissioners should be response
BILE for. Aikens fought well, but the North
had laid its wires too well, and the amend
ment was adopted and the bill eventually
passed on vote of 26 to 90 as amended.
The South is anxious that the North should
pay for the capitol since they have it, and
they don't want to have hand in it them
selves. DR.. Stewart is South Dakota
man, but he wanted a soldiers home and
got it, through the friendship of the North.
Consequently he was
UNDER OBLIGATIONS
to that faction. In regard to the matter
Alexander Hughes, president of the capitol
commission board, in an interview with the
GLOBE correspondent this afternoon said
The deed for the capitol grounds merely
follows the act Of the legislature and contains
nothing which the law and act itself would
not auu 10 suOrLeSC ana Simplest form or war;
ranty deed that could be devised. The act in
substance provides that the territory through
the medium of the capitol commission shall
invite contributions in money and in lands:
that the lands shall not be less than l6O acres
in quantity; that the same shall be properly
plated and laid off, that proper
quantity for the site of the capitol
building and its appurtenances shall be
reserved; that the residue not needed for
such uses shall be appraised and sold for the
best price obtainable, not less than the ap-
praisement, and that the proceeds shall be
paid into the capitol building fund The legal
effect of any donation of lands in the territory
under this act will instantly be recognized by
any lawyer. The lands are received by the
territory for the specific purposes named in
the act and for those only, and the territory
cannot lawfully divert them to any other use
or purpose than that which the act itself
specifies. If the territory, having asked and
obtained
GIFT OF LAND
for one purpose, should then turn around and
seek to divert 1t to another, the donor ire
spective Of the form Of his deed could at once
reclaim such part of the lands as remained
unsold and the unexpended balance of the
proceeds in the hands Of the territorial treas
urer. This is Il plain, simple rule of law and
eqnity, applicable to all courts and founded
on the most manifest rules of common hon.
esty as between man and man. All the terri
by the railroad company under any form of
deed that could be made would be: First, to
use so much thereof as seems proper for the
site of government buildings, and second to
sell the remainder and apply the proceeds in
the construction and repairs of such build
ings, including repayment of the funds ad-
vanced out of the general public earnings for
the same uses.
The bill has yet to go through the council
and pass the governor before it CAN become
law. There is little doubt that it will
pass the council, but the governor, it is un-
derstood. will not approve bill that pro-
vides for the payment of a debt out of the
general fund in the territorial treasury. In
conversation with the GLOBE representa-
tive to-day he said he had laid the follow
ing proposition bearing on'the subject be-
fore some members OF the legislature, and
it seemed to him to be the only fair way of
disposing of the matter.
THE PROPOSITION is THIS:
That an act be passed by the Legislature
providing foe the issuing of first mortgage
bonds on,the grounds and on the capitol, which
will be q lien on l60 acres and on the capitol
on condition that the Northern Pacific rail-
road people agree that this shall be lien on
the capitol and capitol grounds This is for
the purpose of obviating any question that
may arise that in case OF removal of the
capital the land will revert to the Northern
Pacific Railroad company.
Second-That the quarter section be like
wise conveyed by the Northern Pacific rail-
road with proyiso in the deed that it should
be sold in lots and the money used for the
completion of the capitol 1t may be ap-
praised and sold at such time. or In such
manner as the legislature may direct, and the
fund arising therefrom shall be pledged to-
wards the payment of the interest on the
mortgage bonds and principal to run ut q low
rate of interest. and to he radeamab bIa ut ha
option of the governor. The act to further
provide that the interest on the certificates
of Indebtedness shall cease after certain
time and the holders to exchange for bonds